2 Legal Translation: Importance, Challenges and Best Practices Adapted from: https://www.milestoneloc.com/legal-translation-guide/
3 • Legal translation is known for being one of the most challenging and demanding types of translation since it requires both language and legal expertise as well as extreme attention to detail. • What’s more, legal translation is among the most in-demand translation services. Law firms, government institutions, international organizations, and corporate entities need the assistance of legal translators to operate. • Q. What is the market share of legal translation? Check the link below then answer the question. • legal translation share of the market - Search (bing.com)
• Q. What does the term share of the market or market share mean? Is it a legal term? 4 AI generated answer!
The legal translation services market is a significant part of the global translation services market. Here are som •The global translation service market was valued at US$ 50.12 billion in 2023 and is projected to hit the marke •The legal segment dominates the application segment with over 35% share in 20202. •Legal translation accounted for the largest market share of 37.36% in 2020, with a market value of USD 14,709 •The global Legal Translation Services market was valued at US$ million in 2022 and is projected to reach US$ These figures indicate the significant role of legal translation in the overall translation services market. The dema
5 • When it comes to legal translation, simply taking a document and translating it from the source language to the desired target language isn’t enough. • Legal documents require a great deal of sensitivity, caution, and expertise, presumably much more than most translation projects. • What’s more, in legal translation accuracy is essential since the tiniest of mistakes could lead to ambiguities and confusion, which in turn might have dire consequences. • And this is only the tip of the iceberg! • Legal translation is a complex field. So, if you want to learn more about what it is, why it is so important, its challenges, and best practices, keep reading!
6 What is legal translation? • Legal translation deals with the process of transforming legal documents and materials from the source language to a target language. • Q. Do the above two lines provide full definition of legal translation? If not, define it in full. Here are some examples of legal documents and materials:
7 • Contracts laws & regulations • Wills and trusts MoAs Memos of Agreement • Confidentiality agreements Financial docs • Depositions MoU • Court and witness transcripts • Licenses • Complaints • Arbitration translation • Legal disclaimers • Litigation documentation • Policies • Legal Statements, etc. • Q. Despite the fact that the above list is long, is it complete? Can you add to it?
8 • It is crucial to keep the original meaning during the process. Still, a good legal translator has in-depth knowledge of the similarities and differences in legal systems and thus, can adapt the target document accordingly. • Due to its complexity, the legal language is often referred to as ‘Legalese’. • ‘Legalese’ seems to be a language of its own, which in turn means, that a good legal translator should be able to understand all its nuances. In most cases, a word-for-word translation might not be accurate and, thus, would lead to implications. Thorough knowledge of both, the local laws and the legal language is a must.
9 What makes legal translation different? • Legal translation is a type of translation that stands at the crossroad between three areas – language theory, translation, and legal theory. • Law, in itself, is an unstable field since it relies on abstract notions that may vary significantly from country to country. What’s more, laws are constantly changing, making it even harder to keep up, for both lawyers and legal translators. • Laws are prevailing since they regulate any area of our life. Thus, legal translators are not only required to have a good understanding of legal matters but also to be well-acquainted with concepts and terminology of each area where the law is applied. • All these implications make it necessary for a legal translator to be an expert in translation and legal matters. •
10 Why does legal translation matter? • Accuracy is a must when it comes to legal translation. Even the tiniest of mistakes might have dire legal consequences. An improper translation of a legal document could have an unfavorable effect on people’s rights and their fate. • Therefore, accuracy and precision in legal translations are crucial. A reliable legal translator must be well-acquainted with legal practices and regulations in target countries. Otherwise, there is a huge possibility of inaccuracies, which in turn can lead to misunderstandings. • • Globalization is yet another factor that plays an important role when it comes to legal translation. • • International companies, organizations, and unions are required to translate all their paperwork into the local languages of the countries where they operate. A huge part of this documentation falls into the category of legal translation. • • Overall, legal translation can have a huge impact on people’s life. Thus, accuracy and precision are pivotal. What’s more, globalization makes our world even more interconnected. As a result, companies and institutions need legal translation to work together.
11 Challenges in legal translation 410/10 Nov
• Legal translation is a complex field. There are quite a few challenges
that one might stumble upon. Legal translators should be well- equipped through professional experience and education to handle them properly. • Challenges evolve mainly around two pivotal domains, namely: • 1- Time management • 2- Resource management
12 13 1-Varying laws from country to country • Different countries have different laws. This means that the same offense might lead to different punishments in different countries. • This variety might lead to ambiguity and errors in legal translation. Although international organizations guide how to handle the differences, this does not lift legal translators’ duty of knowing even the tiniest of details. • A language expert should be familiar with the similarities and differences between the legislation systems in both languages. Linguists should be well-acquainted with legal terms and their equivalents or lack thereof. • Experts should also be trained to identify the proper usage of terms, depending on the context. •
14 • All in all, without in-depth knowledge of the legal language and terminology, mistakes are inevitable. Errors, on the other hand, can have dire consequences for the clients. • • Legislation is constantly changing and updating. This means that laws which were working a week or a month ago, might not be relevant by the end of the deadline of your translation project. • • Thus, legal translators should always keep up with the latest updates, even when they happen overnight. To ensure that their knowledge is up-to-date, most legal translators join professional organizations.
15 2-Accuracy leaves no room for creativity • Legalese is a very rigid language, however, this does not make it easier. A legal translator should be familiar with which contexts, certain terms are used. This is quite challenging since most legal terms are rarely used in our everyday lives and sometimes, even native speakers misuse them. • • Terminology glossaries and translation memories are great tools to aid legal translators in their jobs. Such tools not only reduce the translation time but also reduce the risk of errors. •
16 • Certain grammatical structures are very common in the legal language. Some say that legalese sounds ambiguous and pompous with its numerous terms. Nevertheless, legal language has its peculiarities and one cannot neglect them. Some of the most common features of the legal language include: • Passive voice • Complex, long sentences • Commas, apostrophes, semicolons, etc. • Punctuation and syntax in legal translation matter more than you might think. For instance, omitting a single comma might create confusion. To avoid any ambiguities, it is always advisable to have a second linguist proofread the final translation. • Q. Are the above colored features the only syntactic features of legal language? • Q. Does legal language have certain lexical features in addition to the syntactic features? What are they? 17 3-Strict deadlines (Time management)
• As expected, legal translation often has strict deadlines. Legal
documents are usually required for specific events at courtrooms or corporate meetings. Delays might have serious consequences for the clients, so the deadlines should be met at all costs. • To meet the final deadline, translators should be well-prepared to overcome any challenge that they may stumble upon. Otherwise, they risk submitting their final translation too late. • Q. Does fulfiling deadlines serve payment purposes only? Explain.
18 • Complex Terminology and Concepts: Legal documents are full of complex terminology and nuanced legal concepts that may not have direct equivalents in the target language. Translating these terms accurately while preserving their legal meaning requires specialized knowledge and expertise.
19 • Maintaining Consistency and Coherence: Legal texts often use specific terminology consistently throughout the document. Translators must ensure coherence and consistency in their translations to avoid ambiguity or misinterpretation.
20 • Cultural and Linguistic Variations: Legal systems and practices vary significantly across different jurisdictions and cultures. Translators must not only be proficient in the source and target languages but also have a deep understanding of the legal frameworks and cultural nuances involved to ensure accurate and culturally appropriate translations.
21 • Compliance with Regulatory Requirements: Legal translations must adhere to strict regulatory standards and industry-specific guidelines. Translators must stay abreast of legal developments and comply with relevant regulations to ensure the accuracy and validity of translated documents.
22 Best practices for translating legal documents (Resource management) 420/Monday 11/11 • Challenges are very common in complex fields such as legal translation and often lead to implications and delays. To ensure timely delivery, there are some best practices that every good legal translator follows.
• Q. As a junior translator, what would be your scenario for attempting
your first translation project? Describe in steps.
23 • 1. Use Specific and Unambiguous Language • Legal texts require clarity and precision to convey complex legal concepts accurately. Translators should use clear and unambiguous language, avoiding ambiguity or vagueness that could lead to misinterpretation. It's crucial to select terms and phrases that convey the intended meaning with the utmost clarity, ensuring that the translated document maintains its legal validity and integrity.
24 • 2. Understand the Legal Systems Involved • Legal systems vary significantly across jurisdictions, each governed by different laws, regulations, and conventions. Translators must have a comprehensive understanding of the legal frameworks involved in both the source and target languages. Familiarity with legal terminology, procedures, and conventions is essential for producing accurate translations that comply with the legal standards of the target jurisdiction.
25 • 3. Employ Legal Translation Experts • Legal translation requires specialized expertise and knowledge that extends beyond linguistic proficiency. Translators should have a background in law or extensive experience in legal translation to navigate the complexities of legal texts effectively. Partnering with experienced legal translation experts ensures that translations are accurate, reliable, and compliant with legal requirements.
26 • 4. Apply Consistent Terminology • Consistency in terminology is paramount in legal translation in order to maintain consistency and accuracy throughout the document. Translators should create and adhere to a consistent terminology database or glossary, ensuring that key legal terms are translated consistently across all documents. This helps to avoid confusion and ensures that the translated text remains faithful to the original while adhering to legal conventions.
27 • 5. Ensure Confidentiality • Legal documents often contain sensitive and confidential information that must be protected during the translation process. Translators should follow strict confidentiality measures to protect the privacy and integrity of the documents they handle. This may include signing non-disclosure agreements, using secure communication channels, and implementing data encryption protocols to reduce the risk of unauthorized access or disclosure.
28 • 6. Conduct Thorough Reviews and Quality Checks • Quality assurance is important in legal translation to identify and correct any errors or inconsistencies before finalizing the translated document. Translators should conduct comprehensive reviews and quality checks, including proofreading, editing, and verifying legal terminology and references. Working with a team of experienced reviewers and subject matter experts can help ensure the accuracy and reliability of the translated text. • Legal translation is a critical component of global business operations, facilitating communication and compliance across language and cultural barriers. By understanding the nuances of legal translation and adopting best practices, law firms and businesses can mitigate risks, enhance cross- border collaboration, and ensure that legal documents are accurately conveyed in any language. 29 5-Provide well-structured source file (Resource & time management)
• To get a quality translation, a client needs to provide a well-structured
and clear source file. In some cases, it might even be possible to keep the structure of the source file, so that they are similar in form and style and thus, are easy to follow. • Whenever different formatting is needed, it is advisable to include an explanatory note. What’s more, some elements in the source file such as signatures, need not be translated. They are simply copied to the target file. • Q. How can the provision of a well-structured source file save the translator’s time? Is this applicable to legal translation only? Explain.
30 6-Ask experts when in doubt (Resource & time management)
• Even legal translators might stumble upon an unfamiliar term. In such cases, it is best to consult a legal expert who can provide you with the right explanation, so that you can find the best translation. • As we have already discussed, in legal translation, accuracy is crucial. So, asking for a second opinion, when in doubt, is always the best option.
• Legal documents are used for different purposes. Thus, it is advisable to consider in what context the translated document will be used. This in turn might have certain implications for the style, tone, form, and terminology of the document. • To ensure there is no confusion, a client should always discuss all the details with the translator before they start working on the project. • Q. In what way is resorting to second opinion may be included within time management?
31 7-Confidentiality is a must (Resource management)
• Legal documents often contain sensitive information about
individuals or organizations. Hence, confidentiality should be taken seriously during the legal translation process. • Good data security and non-disclosure agreements are the best ways to ensure that no information will be leaked during the translation process. • Q. If you were a legal translator, how would you grant the safety and security of your client’s source document as well as its translation? Describe.
32 8-Proofreading is key (Resource & Time management)
• Accuracy is essential due to the legally binding nature of the legal
documents. Even the slightest mistake, such as a missing comma, might have a devastating impact in the courtroom or during an important corporate meeting. • Therefore, having a second linguist proofread the final translation is very important. • It is important to note, the mistakes that happen are not due to a translator’s lack of skills.
33 34 • A translator needs to read the same text over and over, during the translation process. By the end of the task, they get so well- acquainted with the text that it becomes extremely easy to overlook a tiny detail. • A fresh set of eyes, however, can be able to spot any discrepancies and ensure high-quality end translation. • Q. How can proofreading operate in time management as well as resource management? Explain.
35 In conclusion
• As you can see, legal translation is not exactly a breeze and is quite a challenging field. Legal translation requires a good command of the working languages as well as good translation skills, knowledge of the local legislation systems as well as continuous updating of them, and self-discipline to meet tight deadlines. • Certain best practices can make the process more efficient. Nevertheless, a legal translator should be familiar with all peculiarities of this type of translation to provide a quality end translation.
